Bill Text - HB1680 (2012)

Requiring the department of health and human services to compile and maintain induced termination of pregnancy statistics.


Revision: Jan. 11, 2012, midnight

HB 1680-FN – AS INTRODUCED

2012 SESSION

12-2374

01/10

HOUSE BILL 1680-FN

AN ACT requiring the department of health and human services to compile and maintain induced termination of pregnancy statistics.

SPONSORS: Rep. Garcia, Rock 4; Rep. Kappler, Rock 2; Rep. Tamburello, Rock 3; Rep. Lauer-Rago, Merr 2; Rep. Itse, Rock 9; Rep. Gonzalez, Hills 17; Rep. Notter, Hills 19

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

          This bill requires the department of health and human services to keep an annual statistical report of each induced termination of pregnancy performed and submit such report to the general court. The report shall also be available to the public.

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Explanation: Matter added to current law appears in bold italics.

                  Matter removed from current law appears [in brackets and struckthrough.]

                  Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

          12-2374

          01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT requiring the department of health and human services to compile and maintain induced termination of pregnancy statistics.

Be it Enacted by the Senate and House of Representatives in General Court convened:

          1 New Section; Annual Report Required. Amend RSA 126-A by inserting after section 4-h the following new section:

        126-A:4-i Induced Termination of Pregnancy; Annual Report.

                I. In this section:

                      (a) “Facility” or “medical facility” means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician’s office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.

                      (b) “Induced termination of pregnancy” means the purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death.

                      (c) “Non-surgical induction” means the administration of a medication or medications to induce a termination of pregnancy.

                      (d) “Physician” means any person licensed to practice medicine under RSA 329.

                      (e) “Procedure” means the process by which an induced termination of pregnancy occurs.

                  II. A report of each induced termination of pregnancy shall be made to the department on the most current form used for such purpose by the federal Centers for Disease Control and Prevention or on a form which is substantially similar to such form. The commissioner shall make such form available to facilities and medical facilities licensed under RSA 151.

                  III. The reports shall be completed by the licensed facility and transmitted to the department within 5 days after the date of the procedure.

                  IV. The department shall prepare a comprehensive annual statistical report for the general court based upon the data gathered under this section. The information contained in the report may be released by county or city; provided, that the release of any information shall not lead to any disclosures described in paragraph V. The report shall be available to the public 30 days after it is submitted to the general court.

                  V.(a) Notwithstanding RSA 126:28 and except as otherwise provided in this section, information obtained by the department under this section may be used only for statistical purposes and such information shall not be released in a manner which would lead to or permit the identification of the person for whom the procedure was performed. Any releases of the information obtained shall not disclose or permit the identification of any person filing a report, the facility at which the procedure was performed, or the identity of any person licensed to practice medicine and surgery who submits a report to the department under this section, except as follows:

                      (1) Information from reports provided, including information identifying such persons and facilities, may be disclosed to the state board of medicine upon request of the board for disciplinary action conducted by the board and may be disclosed to the attorney general upon a showing that a reasonable cause exists to believe that a violation of this section has occurred. Any information disclosed to the state board of medicine or the attorney general pursuant to this section shall be used solely for the purposes of a disciplinary action or criminal proceeding.

                      (2) Information from reports shall be provided to the federal Centers for Disease Control and Prevention for the purposes of national statistical summaries provided these summaries occur at the state level only and do not lead to any other disclosures as stated in this section.

                      (b) A violation of this section is a class A misdemeanor.

          2 New Section; Abortions. Amend RSA 329 by inserting after section 1-c the following new section:

          329:1-d Abortions. No person shall perform or induce an abortion unless such person is licensed under this chapter.

          3 Effective Date.

                  I. Section 1 of this act shall take effect July 1, 2012.

                  II. The remainder of this act shall take effect January 1, 2013.

                      LBAO

                      12-2374

                      Revised 01/10/12

HB 1680 FISCAL NOTE

AN ACT requiring the department of health and human services to compile and maintain induced termination of pregnancy statistics.

FISCAL IMPACT:

    The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2012 through 2016.